Page 156 - DCOM103_COMMERCIAL_LAW

Unit 15: Conditions and Warranties

15.6 Self Assessment Notes

State whether the following statements are true or false:

1. If there is breach of condition, the aggrieved party can only claim damages and it has not
the right to repudiate the contract.
2. If a buyer once waives a condition, he cannot afterwards insist on its fulfi llment.

3. In a sale by sample as well as by description, the goods must correspond both with the
sample and the description.
4. In a contract of sale, there is no implied conditions as to quality or fitness of the goods for

a particular purpose.
5. Packing of goods is not an important consideration in judging their ‘merchantability’.
6. Where a person sells goods, knowing that the goods are dangerous to the buyer and that
the buyer is ignorant of the danger, he need not warn the buyer of the probable danger.
7. An article is sold under its patent name. There is no implied condition that the goods shall

be reasonably fit for any particular purpose.
8. In a contract of sale by sample, the bulk of goods supplied may not correspond with
sample.
9. An implied condition to quality may be annexed by the usage of trade.
10. If the buyer has examined the goods there is no implied condition as regards defects which
such examination ought to have disclosed.

15.7 Review Question

1. Discuss the conditions and warranties implied by law in a contract for the sale of goods.

2. “If a person sells an article, he thereby warrants that it is fit for some purpose, but he does

not warrant that it is fit for any particular purpose.” State the various qualifi cations subject
to which this proposition should be received.
3. State the conditions implied in a contract for the sale of goods (a) by description, (b) by
sample, and required for a particular purpose.
4. What is implied ‘warranty’ in case of a sale by sample? Can a contract be avoided if such
warranty is breached?
5. A purchases some chocolates from a shop. One of the chocolates contains a poisonous
matter and as a result A’s wife who has eaten it falls seriously ill. What remedy is available
to A against the shopkeeper?
[Hint: The chocolates are not of merchantable quality and hence A can repudiate the
contract and recover damages (Sec. 16 (2)]

6. Worsted cotton cloth of quality equal to sample was sold to tailors who could not stick it
into coats owing to some defect in its texture. The buyers had examined the cloth before
effecting the purchase. Are they entitled to damages?
[Hint: Yes, as there is a latent defect in cloth (Sec. 17; Drummond v. Van Ingen).]

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